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Monthly State Update:
MAJOR DEVELOPMENTS IN 2008

(as of 9/01/2008)

This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.

Abortion Bans to Replace Roe

TENNESSEE: In February, a House committee defeated a bill that would have amended the state constitution to explicitly not protect a woman’s right to an abortion. The bill passed the Senate in January.

ARIZONA: In January, a federal appeals court judge ordered the state to issue “Choose Life” license plates as an option for motorists in the state. The case was filed by the Arizona Life Coalition, Inc., whose application for the license plates had been denied. The license plates are awaiting approval from the Arizona License Plate Commission.

MISSOURI: In January, a district court judge ordered the state to issue “Choose Life” license plates as an option for motorists in the state. The lawsuit was brought by Choose Life of Missouri, Inc., whose application for “Choose Life” license plates had been denied. The attorney general has not decided if the state will appeal.

Crisis
Pregnancy Centers/Alternatives to Abortion

Introduced in 14 states

Bill Status:

Passed at least one chamber in KS

Enacted in LA, MO, OK and PA

KANSAS: In April, each chamber of the legislature passed nearly identical measures that would delete language regarding the appropriation of state funds for the Pregnancy Maintenance Initiative, which funds alternatives-to-abortion services. The original version of the bill which included funds for the Pregnancy Maintence Initiative passed the House and the Senate in March.

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that will allocate $1 million to alternatives-to-abortion services. The bill is in effect.

(ENACTED) MISSOURI: In June, Gov. Matt Blunt (R) signed into law a measure that will allocate funds to provide alternatives to abortion for women at or below 200% of the federal poverty level. The program will offer a range of services to women during pregnancy and for one year following birth. Program funding cannot be used for services related to family planning or abortion and will not be provided to organizations that offer abortions or abortion referrals. The bill is in effect.

(ENACTED) OKLAHOMA: In May, Gov. Brad Henry (D) signed into law a measure that would require the Department of Health to disburse $40,000 to an alternatives-to-abortion fund. The law goes into effect in July.

(ENACTED) OKLAHOMA: In May, Gov. Brad Henry (D) signed a measure that earmarks Department of Health funds for an alternatives-to-abortion fund. The bill, which first passed the House in February and was reported from conference committee in April, goes into effect in June.

(ENACTED) PENNSYLVANIA: In July, Gov. Ed Rendell (D) signed two separate measures into law allocating $4.7 million to fund alternatives-to-abortion programs and prohibit nonprofit organizations receiving alternatives-to-abortion funds from performing abortion services or counseling. Organizations receiving these monies must maintain a strict separation from organizations providing abortion services. The laws went into effect in July.

Fetal
Pain

Introduced in 8 states (These bills overlap with bills in the Mandatory Counseling, Waiting Period and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in IN, MO and VA

INDIANA: In January, the Senate adopted a measure that would require that a woman seeking an abortion be told that there is “differing” medical evidence on when a fetus feels pain. The measure, which would require that an abortion provider have admitting privileges at a nearby hospital, also would amend the abortion counseling statute to include a statement that human life begins at fertilization, plus information on adoption and the risks of abortion. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the House adopted a measure that would amend the state’s law on abortion counseling. If the woman is at least 22 weeks pregnant, the provider would give her state-developed written information, the option to see a state-developed video on fetal pain, and the option of having anesthesia provided directly to the fetus. The measure would also revise the state’s counseling requirements and criminalize coerced abortion. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, a Senate committee defeated a measure that would have required a woman seeking an abortion after 20 weeks’ gestation to be offered anesthesia specifically for the fetus. In addition, the woman would have also been told that anesthesia may not prevent the fetus from feeling pain, that anesthesia is routine for fetal surgery, and that at 20 weeks a fetus “has the physical structures necessary to experience pain” and evades stimuli in a manner that, in a person, would be interpreted as a pain response. The provider would also have been required to describe the risks of fetal anesthesia, as well as the costs of providing it. In addition, the measure would have mandated the inclusion of information on fetal pain in state-developed abortion counseling materials. The bill, which also would require each woman seeking an abortion to undergo an ultrasound, also passed the House in February.

Introduced in 8 states ((These bills overlap with bills in the Fetal Pain and Ultrasound Requirements categories.)

Bill Status:

Passed at least one chamber in IN, KS, KY and MO

Enacted in OK

INDIANA: In January, the Senate adopted a measure that would amend the state’s abortion counseling statute to require that a woman seeking an abortion be told that human life begins at fertilization. In addition, the bill would also require that a woman seeking an abortion be told about adoption, the risks of abortion to the woman’s physical health and the purported ability of a fetus to feel pain. The bill would also require an abortion provider to have admitting privileges at a nearby hospital. No further action is expected since the leigslature has adjourned its regular session.

KANSAS: In April, the Senate failed in its attempt to override Gov. Kathleen Sebelius’s (D) veto of a bill that would have amended existing abortion counseling requirements. The measure would have required an abortion provider to offer every woman seeking an abortion the opportunity to view an ultrasound image or listen to the fetal heartbeat if the provider performs an ultrasound or uses a heart monitor as part of the preparation for the abortion. The bill would have also required abortion clinics to post a notice that a woman seeking an abortion cannot be coerced into the procedure. Abortion counselors would have been required to provide information about services such as those for women with “medically challenging pregnancies.” The measure, which would have also amended the laws on postviability abortion and parental notice, passed the House in March and was adopted in its final version by the legislature in April.

KENTUCKY: In February, the Senate adopted a bill that would require abortion counseling to take place at a clinic, rather than over the telephone. Given the state’s existing 24-hour waiting period, this measure would require women to make two trips to the clinic to obtain the procedure. The measure would also require an abortion provider to perform an ultrasound on each woman seeking an abortion. Moreover, the physician would be required to review the image with the woman, although she would be permitted to “avert” her eyes. The measure would also require that state-developed abortion counseling materials be given the woman; current law requires only that she be offered these materials. The measure would also ban “partial-birth” abortion, require abortion providers to have ultrasound equipment, and amend the state’s definitions of medical emergency and abortion in the abortion code. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the House adopted a measure that would amend the state’s abortion counseling law. The bill would require that a woman seeking an abortion be provided with state-developed written materials and be offered the opportunity to see a state-developed video on abortion. She would also be offered the option of hearing the fetal heartbeat and having an ultrasound, and she would be given a list of organizations that provide free ultrasounds. The clinic would also be required to post notices stating that it is illegal for anyone to coerce a woman into having an abortion, and public and private agencies are available to assist a woman in continuing her pregnancy and until the child is a year old. As part of abortion counseling, the measure would also require the provider to ensure that the woman is not being forced into undergoing the procedure. The bill would also require information on fetal pain in abortion counseling and criminalize coerced abortion. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill. The law requires every woman seeking an abortion to undergo an ultrasound at least one hour before medical preparation for the abortion begins. The medical professional performing the ultrasound is required to describe the image to the woman, including whether limbs or internal organs are present and viewable. While the woman may “avert” her eyes, the law requires the image to be displayed so that she can see it. In addition, the measure requires a private session with a minor seeking an abortion to ensure that her decision is not the result of coercion and requires clinics to post notices informing patients that it is illegal to coerce a woman into an abortion. The bill passed the Senate in March and the final version was adopted by the legislature in April. The new law, which also includes provisions related to medication abortion, physician’s liability for abortion, and refusal to provide an abortion, goes into effect in November.

SOUTH DAKOTA: In June, the U.S. Court of Appeals for the Eighth Circuit lifted a preliminary injunction, clearing the way for legislation enacted in 2005 to go into effect. Under the law, an abortion provider must give a woman seeking abortion a written statement saying that

“the abortion will terminate the life of a whole, separate, unique living human being”;

“the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the law of South Dakota”; and

“by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated.”

According to the decision, the appeals court found that these statements were not ideological, untruthful or misleading because they rest on a definition of human being that begins at fertilization. The case is now before a federal district court.

Requirements for State-Directed Counseling
Followed by a Waiting Period

Medical Emergency Exception in Abortion Law

Introduced in 5 states

Bill Status:

Passed at least one chamber in KY

KENTUCKY: In February, the Senate passed a measure that would require a physician to certify in writing the basis for having invoked the medical emergency exception to state abortion requirements. The measure would also establish a “partial-birth” abortion ban, require abortion providers to have costly ultrasound equipment, amend the state’s definition of abortion to include medication abortion and require additional abortion counseling procedures. No further action is expected since the legislature has adjourned its regular session.

Medication
Abortion

Introduced in 6 states

Bill Status:

Passed at least one chamber in KY, MS and MO

Enacted in OK

KENTUCKY: In February, the Senate passed a measure that would alter the definition of abortion to include medication abortion. The measure would also establish a “partial-birth” abortion ban, require abortion providers to have costly ultrasound equipment, amend the state’s definition of medical emergency in the abortion code and require additional abortion counseling procedures. No further action is expected since the legislature has adjourned its regular session.

MISSISSIPPI: In March, a House committee defeated a measure that would have required that medication abortion be used in accordance with FDA protocol. It would also have required a physician dispensing the medication to have a contract with a second physician, who would be responsible for treating any complications, and to report any complications to the FDA and the state department of health within 24 hours. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the Senate removed language from a House-passed measure that would have classified mifepristone as a schedule I controlled substance, which would prohibit the drug from being dispensed by a pharmacy or prescribed by a physician. The original version of the measure passed the House in March.

(ENACTED) OKLAHOMA: In April, the Legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill that will require medication abortion to be used in accordance with FDA protocol and mandates that a physician report any complications resulting from an abortion. The bill passed the Senate in March and the final version was adopted by the legislature in April. The law, which also includes provisions related to abortion counseling, physician liability, refusal to provide an abortion and coerced abortion, goes into effect in November.

Minors
Reporting Requirements

Introduced in 6 states

Bill Status:

Passed at least one chamber in AK and FL

ALASKA: In April, the House passed a measure that would have required additional reporting requirements for minors’ abortions. The measure would have required monthly reports from physicians detailing, among other things, the number of abortions performed on minors, the characteristics of minors receiving abortions (such as previous pregnancies or abortions) and complications associated with minors’ abortions. The measure, which also would have prohibited coercion and mandated parental notice in addition to parental consent prior to a minor’s abortion, died in the Senate.

FLORIDA: In April, the House adopted a measure that would amend reporting requirements for minors’ abortions. The measure would require that the court maintain detailed records of judicial waivers of parental notice for minors’ abortions, including information about the minor’s age and residence. The measure would also establish excessive regulations for counseling, parental involvement and postviability abortions. No further action is expected since the legislature has adjourned its regular session.

ARIZONA: In April, Gov. Janet Napolitano (D) vetoed a bill that would have amended the state’s parental consent requirement for minors seeking an abortion. The measure would have laid out standards for judges deciding whether to grant a minor’s request to waive the state’s parental consent requirement. The measure, which passed the legislature in March, is now dead.

MICHIGAN: In March, the Senate passed a bill that would amend the state’s parental consent requirement for minors seeking an abortion. The measure would lay out standards for judges to use when deciding whether or not to grant a minor’s request to waive the state’s parental consent requirement. The measure is awaiting action in the Senate.

MISSISSIPPI: In March, the Senate amended and passed a bill that would have made it a crime to intentionally assist a minor obtaining an abortion without the parental consent mandated by state law, even if the procedure was performed in a state where parental involvement was not required. The bill also included a clause mandating statutory rape reporting and preservation of fetal tissue in the case of some minors’ abortions. The bill, which passed the House in a different form in February, died in conference committee.

MISSISSIPPI: In March, a House committee defeated a bill that would have made it a crime to assist a minor in obtaining an abortion without parental consent. Specifically, the measure would have made it a crime to intentionally assist a minor obtaining an abortion without the consent mandated by state law, even if the procedure was performed in a state where parental involvement was not required. The bill, which would have amended statutory rape reporting in the state as well, passed the Senate in February and is now dead.

ALASKA: In April, the House passed a measure that would have amended the state’s current parental consent law that is enjoined and has never been in effect. The measure would have required both parental notice and consent prior to a minor’s abortion. The measure would have included exceptions and a judicial bypass. The measure, which also prohibited coercion of abortion and mandated additional reporting requirements for minors’ abortions, died in the Senate.

FLORIDA: In April, the House adopted a measure that would amend the state’s current laws regarding parental notification prior to a minor’s abortion. The measure would require that physicians keep detailed records of the type of notice delivered to a minor’s parent. In addition, the measure would mandate that the court appoint a guardian whenever a minor seeks a judicial bypass of the notice requirement. The measure would also provide standards for a judge to use in such cases. The measure would also establish excessive regulations for counseling and postviability abortions, and reporting requirements concerning minors’ abortions. No further action is expected since the legislature has adjourned its regular session.

ILLINOIS: In February, a Federal District Court judge barred enforcement of that state’s law requiring parental notification before a minor’s abortion. The law, which was passed in 1995 and has never been in effect, was cleared for enforcement in 2006 when the state Supreme Court approved a judicial waiver process. At that point, the law was put on hold yet again, while courts were given time to adjust to the process. This most recent judicial decision found the law contradictory and incomplete, without a workable solution for teenagers seeking a judicial waiver. The law is not in effect pending a decision on whether or not to appeal by the state’s attorney general.

KANSAS: In April, the Senate failed in its attempt to override Gov. Kathleen Sebelius’s (D) veto of a bill that would have changed the state’s parental notification requirement for minors seeking an abortion. The measure would have required that any adult accompanying a minor to an abortion provider’s office show identification, declare in writing their relationship to the minor and identify the father of the fetus. The minor would have had to show some form of picture I.D. proving identity and place of residence. If a minor sought a judicial waiver of parental notification, the measure would have prohibited any employee of an abortion provider from assisting a minor with court proceedings. The measure, which also included provisions amending counseling, reporting and postviability abortion requirements, passed the House in March and was adopted in its final version by the legislature in April.

'Partial-Birth' Abortion

ALASKA: In March, the House passed a measure that would ban the performance of a “partial-birth” abortion. Alaska’s existing “partial-birth” abortion ban has never been in effect because of judicial action. The new measure includes a more precise definition of the procedure and would allow for exceptions only when a woman’s life is at risk. No further action is expected since the legislature has adjourned its regular session.

ARIZONA: In April, Gov. Janet Napolitano (D) vetoed a bill that would have banned the performance of “partial-birth” abortions. Arizona’s existing “partial-birth” abortion ban is enjoined and has never been in effect. The new measure would have amended the current law to include a more precise definition of the procedure and would have allowed for exceptions only when a woman’s life is at risk. The measure, which passed the legislature in March, is now dead.

ARIZONA: In June, Gov. Janet Napolitano (D) vetoed a “partial-birth” abortion ban for the second time this year (see above). The final version of the bill would have amended the current law to include a more precise definition of the procedure and would have allowed for exceptions only when a woman’s life is at risk. The measure was identical to one vetoed by Gov. Napolitano earlier in the legislative session, except that the penalties prescribed are lower and it would permit a physician charged with violating the requirements to seek the opinion of the Arizona medical board to determine the procedure’s necessity. Arizona’s existing “partial-birth” abortion ban is enjoined and has never been in effect. The bill first passed the House in April.

KENTUCKY: In February, the Senate adopted a bill that would ban the performance of a “partial-birth” abortion. Kentucky’s existing “partial-birth” abortion ban has never been in effect because of judicial action. The new measure includes a more precise definition of the procedure and would allow for exceptions only when a woman’s life is at risk. The measure would also mandate additional abortion counseling procedures, require that abortion providers have costly ultrasound equipment, and amend the state’s definitions of medical emergency and abortion in the abortion code. No further action is expected since the legislature has adjourned its regular session.

MICHIGAN: In June, Gov. Jennifer Granholm (D) vetoed a measure that would have banned “partial-birth” abortions. The measure would have allowed for civil action to be brought against physicians performing the procedure, except in cases where the pregnant woman’s life is endangered. The measure passed the Senate in January and the House in May.

VIRGINIA: In May, the United States Court of Appeals for the Fourth Circuit upheld a previous decision and declared Virginia’s “partial-birth” abortion ban, which has never been in effect, unconstitutional. The ban, which would have prohibited “partial-birth” abortions except when a woman’s life is at risk, was ruled unconstitutional because it would have affected more common second-trimester procedures. The measure is permanently enjoined.

WISCONSIN: In March, the Senate failed to act upon a measure that would have banned “partial-birth” abortions. Wisconsin currently has a “partial-birth” abortion ban that has never been in effect because of judicial action. The new measure would have overridden that law and included a more precise definition of the procedure and allowed for exceptions only when a woman’s life is at risk. The bill, which passed the Assembly in February, is now dead.

Physician Liability

Introduced in 2 states

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, the Legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill that would prohibit a woman from suing a medical provider who does not give full and accurate information about her pregnancy if that misinformation results in her carrying the pregnancy to term. The bill would allow damages to be sought in situations where the wrongful act or omission of the provider places the woman’s life or health at risk. The bill passed the Senate in March and the final version was adopted by the legislature in April. The law, which also includes provisions related to abortion counseling, medication abortion, refusal to provide an abortion and coerced abortion, goes into effect in November.

Postviability Abortion

FLORIDA: In April, the House adopted a measure that would require that all third-trimester abortions be performed in a hospital. The measure would also establish counseling requirements, amend the state’s parental notification requirements and add additional reporting requirements for minors’ abortions. No further action is expected since the legislature had adjourned its regular session.

KANSAS: In April, the Senate failed in its attempt to override Gov. Kathleen Sebelius’s (D) veto of a bill that would have changed existing laws related to postviability abortions. Existing law mandates that another physician who is unaffiliated with the abortion provider must certify that the pregnancy threatens the woman’s life or health. The measure would have required that the certification be provided to the pregnant woman at least a half hour prior to the abortion. The measure, which also contained provisions amending counseling, reporting and parental involvement requirements, passed the House in March and was adopted in its final version by the legislature in April

Private Insurance Coverage of Abortion

Prohibiting Forcing a Women to Have an Abortion

Introduced in 6 states

Bill Status:

Passed at least one chamber in MO, OH and VA

Enacted in ID

(ENACTED) IDAHO: In April, Gov. Butch Otter (R) signed into law a measure that would prohibit coercing a woman into having an abortion. The bill, which passed the legislature in March, will go into effect in July.

MO HB 1831

MISSOURI: In April, the House passed a measure that would prohibit coercing a woman into having an abortion. No further action is expected since the legislature has adjourned its regular session.

OHIO: In May, the House passed a measure that would require facilities that perform abortions to display a sign stating that coercing a woman to have an abortion is prohibited. The bill is awaiting action in the Senate.

VIRGINIA: In February, the House passed a measure that would prohibit forcing a woman to have an abortion against her will. The bill was defeated in a Senate committee.

Protecting
Access to Abortion

Protecting Access to Clinics

MASSACHUSETTS: In August, the U.S. District Court of Massachusetts upheld a 2007 law that established a 35-foot “buffer zone” around reproductive health facilities’ entrances and surrounding walkways. The law is currently in effect.

Public Funding of Abortion for Low-Income Women

IOWA: In April, the Legislature passed a measure that would reenact current restrictions that prohibit public funding for abortion except in cases of life endangerment, rape, or incest. The bill is in currently in conference committee.

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) signed into law a measure that would reenact current restrictions limiting public funding of abortion to cases of life endangerment, rape, incest or severe fetal abnormality, or when the women’s physical and mental health is at grave risk. The bill will go into effect in July.

MINNESOTA: In April, the legislature passed a measure that would prohibit public funds to be used to provide or cover abortions performed for the purpose of sex selection. The bill is currently in conference committee.

MISSOURI: In April, the Senate passed a measure that would reenact current restrictions that prohibit public funding for abortion except in cases of life endangerment, rape or incest. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In March, a conference committee deleted a provision in the state’s budget bill, which would have tightened the restrictions on publicly funded abortions by removing fetal abnormality as an allowable condition for funding. Current policy prohibits public funding of abortion except in cases of life endangerment, rape, incest and fetal abnormality. The version that passed the legislature in February had included the provision.

Reporting
Statistical Information to State Agencies

KANSAS: In April, the Senate failed in its attempt to override Gov. Kathleen Sebelius’s (D) veto of a bill that would have allowed district and county attorneys to obtain the name of an abortion provider or medical facility if “reasonable cause exists” to believe that the state abortion reporting statute has been violated. Current policy allows such identifying information to be disclosed only to the attorney general. The measure also would have amended the counseling, reporting, parental involvement, and postviability abortion requirements.

(ENACTED) SOUTH DAKOTA: In March, Gov. Mike Rounds (R) signed into law a measure that requires providers to report the number of women who have an abortion after choosing to view the ultrasound image. The law, which also requires a provider to offer an ultrasound viewing to a woman seeking an abortion, goes into effect in July.

Requiring
Abortion Providers to Have Hospital Privileges

INDIANA: In January, the Senate passed a measure that would prohibit a physician from performing an abortion unless he or she has admitting hospital privileges at a nearby hospital. No further action is expected since the legislature has adjourned its regular session.

State Participation in Abortion

Introduced in 1 state

Bill Status:

Passed at least one chamber in GA

GEORGIA: In April, the Senate passed a measure that would have prohibited public hospitals from performing abortions outside of state and federal law or those not covered by Medicaid. The bill failed to pass the House and no further action is expected since the legislature has adjourned its regular session.

Stem-Cell and Embryo Research

Introduced in 21 states

Bill Status:

Passed at least one chamber in MA and NM

Enacted in LA, MN, NE and OK

(ENACTED) LOUISIANA: In June, Gov. Bobby Jindal (R) signed into law a measure that prohibits the use of public funds for human cloning, including the process used for stem cell research. The bill permits the use of federal funds for research that uses embryonic stem cell lines created prior to August 2001. The bill is in effect.

MASSACHUSETTS: In February, the House passed a measure that would appropriate $475 million to a life sciences fund that could support stem cell research, among other activities. The bill is awaiting action in the Senate.

(ENACTED) MINNESOTA: In May, Gov. Tim Pawlenty (R) signed a measure that would allow stem cell research and ban human cloning. The bill would also require health care providers treating infertility to provide women with information about their choices as to the disposal of any remaining embryos, as well as prohibit the selling of embryos. The measure, which passed the Senate in 2007 and was reported from conference committee in May, goes into effect in August.

(ENACTED) NEBRASKA: In March, Gov. Dave Heinman (R) signed into law a measure that establishes a stem cell research fund to support nonembryonic stem cell research conducted by institutions in Nebraska. The bill also prohibits state institutions from performing embryonic stem cell research. The law is in effect.

NEW MEXICO: In January, the Senate passed a measure that would allow stem cell research and ban human cloning. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) OKLAHOMA: In April, Gov. Brad Henry (D) signed into law a measure that will allow stem cell research if the research is performed safely and ethically and either adult stem cells or embryonic stem cell lines created prior to August 2001 are used. The measure would also prohibit further cloning human embryos that had themselves been produced through cloning. The bill, which passed the House in February and the Senate in April, goes into effect in November.

Targeted
Regulation of Abortion Providers

Introduced in 16 states

Bill Status:

Passed
at least one chamber in FL, IN and VA

FLORIDA: In April, the Senate defeated a measure that would have required abortion providers to have costly ultrasound equipment on-site. The measure would have required an abortion provider to perform an ultrasound on every woman seeking an abortion to verify gestational age. The measure would have also established counseling requirements. (Another measure that included identical language regarding clinic regulations passed the House in April.)

INDIANA: In January, the Senate adopted a measure that would require abortion providers to have admitting privileges at a hospital within or adjacent to the county in which the abortion is performed. The measure also would amend the abortion counseling statute to include information on adoption, the risks of abortion, the potential of a fetus to feel pain and a statement that human life begins at fertilization. No further action is expected since the legislature has adjourned its regular session.

KENTUCKY: In February, the Senate adopted a bill that would require abortion providers to have costly ultrasound equipment. The measure requires that an ultrasound be performed prior to any abortion, regardless of medical necessity, and that the provider go over the ultrasound with the woman. The measure would also require additional abortion counseling procedures, ban the performance of a “partial-birth” abortion, and amend the state’s definitions of medical emergency and abortion in the abortion code. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, a Senate committee defeated a measure that would have classified facilities that provide 25 or more first-trimester abortions a year as ambulatory surgical centers, which would subject them to increased regulation by the state. The bill passed the House in January.

VIRGINIA: In February, a Senate committee defeated a measure that would have required abortion providers to have costly ultrasound equipment on-site. The measure would also have required an abortion provider to perform an ultrasound on each woman seeking an abortion, regardless of medical necessity. The measure passed the House in February.

Ultrasound Requirements

FLORIDA: In April, the Senate defeated a measure that would require a provider to perform an ultrasound on every woman seeking an abortion, describe the image to her during the procedure and give her the option of viewing it. An ultrasound would not be required in cases of rape, incest, domestic violence or human trafficking, if the woman has the appropriate court documents, or in cases of medical emergency. The measure would also require abortion clinics to purchase ultrasound equipment. (Another measure that included identical language regarding ultrasound requirements passed the House in April.)

KANSAS: In April, the Senate failed in its attempt to override Gov. Kathleen Sebelius’s (D) veto of a bill that would have amended existing abortion counseling requirements. The measure would have required an abortion provider to offer every woman seeking an abortion the opportunity to view an ultrasound image or listen to the fetal heartbeat if the provider performs an ultrasound or uses a heart monitor as part of the preparation for the abortion. The bill would have also required abortion clinics to post a notice that a woman seeking an abortion cannot be coerced into the procedure. Abortion counselors would have been required to provide information about services such as those for women with “medically challenging pregnancies.” The measure, which would have also amended the laws on postviability abortion and parental notice, passed the House in March and was adopted in its final version by the legislature in April.

KENTUCKY: In February, the Senate adopted a bill that would require abortion counseling to take place at a clinic, rather than over the telephone. Given the state’s existing 24-hour waiting period, this measure would require women to make two trips to the clinic to obtain the procedure. The measure would also require an abortion provider to perform an ultrasound on each woman seeking an abortion. Moreover, the physician would be required to review the image with the woman, although she would be permitted to “avert” her eyes. The measure would also require that state-developed abortion counseling materials be given the woman; current law requires only that she be offered these materials. The measure would also ban “partial-birth” abortion, require abortion providers to have ultrasound equipment, and amend the state’s definitions of medical emergency and abortion in the abortion code. No further action is expected since the legislature has adjourned its regular session.

MISSOURI: In April, the House adopted a measure that would amend the state’s abortion counseling law. The bill would require that a woman seeking an abortion be provided with state-developed written materials and be offered the opportunity to see a state-developed video on abortion. She would also be offered the option of hearing the fetal heartbeat and having an ultrasound, and she would be given a list of organizations that provide free ultrasounds. The clinic would also be required to post notices stating that it is illegal for anyone to coerce a woman into having an abortion, and public and private agencies are available to assist a woman in continuing her pregnancy and until the child is a year old. As part of abortion counseling, the measure would also require the provider to ensure that the woman is not being forced into undergoing the procedure. The bill would also require information on fetal pain in abortion counseling and criminalize coerced abortion. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) OHIO: In March, Gov. Ted Strickland (D) signed legislation requiring abortion providers to offer women seeking an abortion the opportunity to view their ultrasound and obtain a copy of the image when an ultrasound is performed as part of the preparation for an abortion. The measure, which goes into effect in June, passed the Senate in March and the House in December 2007.

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill. The law requires every woman seeking an abortion to undergo an ultrasound at least one hour before medical preparation for the abortion begins. The medical professional performing the ultrasound is required to describe the image to the woman, including whether limbs or internal organs are present and viewable. While the woman may “avert” her eyes, the law requires the image to be displayed so that she can see it. In addition, the measure requires a private session with a minor seeking an abortion to ensure that her decision is not the result of coercion and requires clinics to post notices informing patients that it is illegal to coerce a woman into an abortion. The bill passed the Senate in March and the final version was adopted by the legislature in April. The new law, which also includes provisions related to medication abortion, physician’s liability for abortion, and refusal to provide an abortion, goes into effect in November.

(ENACTED) SOUTH CAROLINA: In May, Gov. Mark Sanford (D) signed legislation that requires abortion providers to offer women seeking an abortion the option to view an ultrasound if the procedure is performed as part of the preparation for the abortion. The bill passed the legislature in its final form in April and went into effect upon signing.

(ENACTED) SOUTH DAKOTA: In March, Gov. Mike Rounds (R) signed a provision that requires an abortion provider to offer a woman seeking an abortion the option of viewing an ultrasound. The bill, which also amends the state’s abortion reporting requirements, passed the legislature in February.

VIRGINIA: In February, a Senate committee defeated a measure that would have required an abortion provider to perform an ultrasound on each woman seeking an abortion. The measure, which would also have required abortion providers to have costly ultrasound equipment on-site, passed the House in February.

VIRGINIA: In February, a Senate committee defeated a measure that would have required that each woman seeking an abortion be given an ultrasound in order to determine if the pregnancy is at least 20 weeks gestation in order to determine whether information on fetal pain should be provided to her. The bill, which passed the House in February, also would have established counseling requirements on fetal pain and anesthesia.

Abortion-Related Restrictions on Family Planning Funds

(ENACTED) COLORADO: In April, Gov. Bill Ritter (D) signed the state’s budget bill that continues the longstanding prohibition of state family planning funds from going to organizations that provide abortion services with their own funds. The bill, which passed the House in March and the Senate in April, goes into effect in July.

(ENACTED) COLORADO: In March, Gov. Bill Ritter (D) signed a supplemental budget bill that continues the longstanding prohibition of state family planning funds from going to organizations that provide abortion services with their own funds. The bill, which passed the legislature in February, goes into effect in July.

(ENACTED) MICHGAN: In July, Gov. Jennifer Granholm (D) signed the state's budget that prohibits the use of state family planning funds for abortion services, including counseling and referral for the state fiscal year beginning in October. The bill passed the legislature in June.

VIRGINIA: In March, a conference committee on the state budget removed a provision that would have prohibited any funds going through the state treasury from being allocated to Planned Parenthood affiliates.

PENNSYLVANIA: A new state regulation effective in January requires a hospital to provide a woman who has been sexually assaulted with information on emergency contraception; the hospital must also dispense the medication upon her request. While the rule permits a hospital to refuse to provide the medication for religious or moral reasons, it must immediately transport the woman to the nearest medical facility that will provide her with the medication.

MICHIGAN: In May, the House adopted a measure that would require hospital emergency rooms to provide information about emergency contraception to women who have been sexually assaulted and to offer them the medication. If a woman requests the medication itself, the facility would be required to dispense it to her. The measure is awaiting action in the Senate.

(ENACTED) WISCONSIN: In March, Gov. Jim Doyle (D) signed a measure that requires that a woman who has been sexually assaulted receive medically accurate and unbiased information on emergency contraception, as well as the medication upon request from the hospital treating her injuries. The hospital is not required to provide the medication if the woman has a positive pregnancy test. The measure, which passed the Senate in February and the Assembly in January, went into effect upon signing.

Allowing
Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 1 state

Bill Status:

Passed at least one chamber in NY

NEW YORK: In March, the Assembly adopted a measure that would allow a registered nurse or pharmacist to dispense emergency contraception under a collaborative practice agreement with a physician. The bill would also require health plans that cover contraceptives to cover emergency contraception, even when the medication is obtained without a prescription. No further action is expected since the legislature has adjourned its regular session.

Requiring
Pharmacists or Pharmacies to Dispense Contraception

HPV: Insurance Coverage

Introduced in 7 states

Bill Status:

Passed at least one chamber in CA

Enacted in IA

CALIFORNIA: In August, the legislature passed the final version of a measure that would require health plans that cover cervical cancer surgery to also cover HPV vaccines. The bill is awaiting action from Gov. Arnold Schwarzenegger (R).

(ENACTED) IOWA: In April, Gov. Chet Culver (D) signed legislation that requires health plans to cover the HPV vaccine if the health plan provides coverage for any immunization or vaccination. The bill, which passed the House and the Senate in March, goes into effect in January 2009.

HPV Vaccine: Required for School Entry

Introduced in 13 states

Bill Status:

Passed at least one chamber in KY and VA

KENTUCKY: In February, the House adopted a measure that would add the HPV vaccine to the list of vaccinations required for school entry. The measure allows parents to refuse to consent to the vaccination. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In January, the House adopted a measure that would push back the effective date for the requirement that girls receive the HPV vaccine before entering middle school from October 1, 2008 to July 1, 2010. The measure died in a Senate committee.

State
Medicaid Family Planning Eligibility Expansions

(ENACTED) COLORADO: In March, Gov. Bill Ritter (D) signed a measure that clears the way for the state to seek federal permission to expand Medicaid eligibility for family planning services. While the bill does not include a specific income ceiling, the fiscal note accompanying the bill, written by Colorado Legislative Council staff, indicates that the state agency administering Medicaid “expects” to seek to raise the ceiling to 200% of the federal poverty level. The measure, which passed the legislature in February, went into effect upon signing.

PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 17 states

Bill Status:

Passed at least one chamber in FL, HI, KS, OK and VA

FLORIDA: In April, the House passed a measure that would amend the state’s current fetal homicide law to include an “unborn child” at any stage of development. The perpetrator would not need to know the woman is pregnant. Current law includes only a viable fetus as a person for purposes of the state’s homicide statutes. No further action is expected since the legislature has adjourned its regular session.

HAWAII: In April, the House amended and passed a measure that would allow for increased penalties for crimes committed against pregnant women. The measure, which passed the Senate in March, is now in conference committee as a result of minor changes made in the House.

KANSAS: In April, the Senate amended and passed, and Gov. Kathleen Sibelius (D) signed into law, a business stimulus package that originally would have defined a fetus of any gestational age as a human being for criminal statutes regarding homicide, manslaughter and battery. The new law, which passed the House in its original form in February 2007, contains no fetal assault provisions and is in effect.

OKLAHOMA: In April, the Senate passed a measure that would increase penalties for domestic abuse involving a pregnant woman. Penalties would be further increased if the abuse results in a miscarriage. The measure, which passed the House in a slightly different form in February, is in conference committee.

VIRGINIA: In February, a Senate committee defeated a measure that would have made it a crime to purposefully attempt to illegally terminate a pregnancy. A pregnant woman would not have been immune from prosecution, but the measure would have excluded medically approved contraceptive devices used either before or after pregnancy. The bill passed the House in February.

VIRGINIA: In February, a Senate committee deferred until 2009 consideration of a measure that would have increased penalties for certain crimes committed against pregnant women. The measure would have created the crime of unintentionally causing miscarriage or stillbirth. The bill passed the House in February.

HIV
Testing of Infants and Pregnant Women

Introduced in 10 states

Bill Status:

Enacted in MD and VA

(ENACTED) MARYLAND: In April, Gov. Martin O’Malley (D) signed into law two identical measures that will require health care providers to advise women receiving prenatal care that they have a right to refuse an HIV test; it would also require providers to obtain the woman’s informed consent prior to the test. The bills go into effect in July.

(ENACTED) VIRGINIA: In March, Gov. Tim Kaine (D) signed into law a measure requiring prenatal care providers to inform a woman that an HIV test will be performed unless she refuses. The bill also requires counseling on HIV. The law goes into effect in July.

Infant Abandonment

(ENACTED) ALASKA: In February, Gov. Sarah Palin (R) signed into law a measure that will provide immunity for a parent who leaves an unharmed infant no more than 21 days old with a police officer, medical personnel, hospital employee and emergency services personnel. The infant can also be left with any person the parent feels will act in the infant’s best interest. Although the person receiving the newborn is required to ask about the infant’s identity and medical information, the parent is not required to provide the information. The law will go into effect in May.

CALIFORNIA: In August, the legislature passed a measure that would extend the age limit at which an infant can be legally relinquished from 72 hours to seven days. The bill would also allow local authorities to designate certain locations as safe-surrender sites. The bill, which passed the Assembly in May and the Senate in August, is awaiting action from Gov. Arnold Schwarzenegger (R).

(ENACTED) MARYLAND: In May, Gov. Martin O’Malley (D) signed into law identical measures that will extend the age limit at which an unharmed infant can be legally relinquished from three to 10 days. The law, which passed the legislature in April, will go into effect in October.

(ENACTED) NEBRASKA: In February, Gov. Dave Heineman (R) signed into law a bill that will prohibit prosecution of someone who relinquishes a child to an on-duty hospital employee. The law will go into effect in July.

(ENACTED) VERMONT: In April, Gov. Jim Douglas (R) signed into law a measure that will permit a person or facility receiving an infant to not reveal the identity of the person relinquishing the child unless there is suspected abuse. The bill, which passed the Senate in February and the House in April, will go into effect in July.

WASHINGTON: In February, the Senate passed a measure that would add medical clinics to the list of approved places one can relinquish an infant. No further action is expected since the legislature has adjourned its regular session.

Infertility
Coverage

Stillborn Certificates

Introduced in 8 states

Bill Status:

Passed at least one chamber in NH, NY and PA

NEW HAMPSHIRE: In February, the House passed a measure that would require a certificate of birth resulting in a stillbirth to be issued for each fetal death occurring after 24 weeks’ gestation. The certificate would be filed with the state registrar. No further action is expected since the legislature had adjourned its regular session.

NEW YORK: In April, the Senate passed a measure that would allow for a certificate of birth resulting in a stillbirth to be issued for a fetal death occurring after 20 weeks’ gestation. These births would not be counted as live births. No further action is expected since the legislature has adjourned its regular session.

PENNSYLVANIA: In March, the Senate passed a measure that would allow for a certificate of birth resulting in a stillbirth to be issued for a fetal death. The certificate would not count toward live births. The measure is awaiting action in the House.

Substance Abuse During Pregnancy

ARIZONA: In March, the House passed a measure that would amend the state’s definition of neglect to include prenatal exposure to a drug as determined by a health care provider. No further action is expected since the legislature has adjourned its regular session.

(ENACTED) KENTUCKY: In April, Gov. Steve Beshear (D) signed into law a measure that will allocate $2 million over two years for substance abuse prevention and treatment of pregnant women. The bill, which passed the legislature in March, will go into effect in July.

(ENACTED) UTAH: In March, Gov. Jon Huntsman (R) signed into law a measure that would require substance abuse treatment programs receiving public funds to give priority admission to pregnant women and teenagers. The law goes into effect in May.

(ENACTED) VIRGINIA: In March, Gov. Tim Kaine (D) signed into law a measure that will include emergency services personnel to a list of required reporters of suspected child abuse, including cases of in utero exposure to controlled substances. The law will go into effect in March 2009.

REFUSAL
CLAUSES

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill. The new law allows medical providers and institutions to refuse to provide abortion services if the refusal is based on moral or religious beliefs. Contraception is specifically excluded from the definition of abortion. Medical institutions may refuse to provide personnel or facilities for abortion services, except in the case of a medical emergency. The bill passed the Senate in March and the final version was adopted by the legislature in April. The law, which also includes provisions related to abortion counseling, medication abortion and physician’s liability for abortion, goes into effect in November.

Allowing
Insurers to Refuse

Introduced in 5 states

Allowing
Pharmacists to Refuse

Introduced in 11 states

Bill Status:

Passed at least one chamber in IN

INDIANA: In January, the Senate adopted a measure that would allow a pharmacist to refuse to dispense or sell any drug the pharmacist “believes” would cause an abortion. No further action is expected since the legislature has adjourned its regular session.

Allowing Facilities to Refuse

Introduced in 5 states

Bill Status:

Enacted in OK

(ENACTED) OKLAHOMA: In April, the legislature overrode Gov. Brad Henry’s (D) veto of an omnibus abortion bill. The new law allows medical providers and institutions to refuse to provide abortion services if the refusal is based on moral or religious beliefs. Contraception is specifically excluded from the definition of abortion. Medical institutions may refuse to provide personnel or facilities for abortion services, except in the case of a medical emergency. The bill passed the Senate in March and the final version was adopted by the legislature in April. The law, which also includes provisions related to abortion counseling, medication abortion and physician’s liability for abortion, goes into effect in November.

INDIANA: In January, the Senate adopted a measure that would allow a pharmacist to refuse to dispense or sell any drug the pharmacist “believes” would cause an abortion. The use of the term “believes” may allow a pharmacist to also refuse to dispense or sell hormonal contraceptive methods. No further action is expected since the legislature has adjourned its regular session.

YOUTH

Child Abuse Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in MS

Enacted in UT and VA

MISSISSIPPI: In March, the Senate amended and passed a bill that would require individuals—including physicians and teachers—who are charged with reporting suspected cases of child abuse to report to the authorities certain instances where a minor younger than 16 has become pregnant, given birth or had sex. The measure would also require these individuals to report every case of suspected statutory rape, regardless of whether or not a situation warrants reporting in their professional opinion. In addition, the measure requires a physician performing an abortion on a minor younger than 14 to provide a tissue sample to the state bureau of investigation and crime laboratory. The bill, which would criminalize assisting a minor seeking an abortion without parental consent as well, passed the House in a different form in February and died in conference committee.

MISSISSIPPI: In March, a House committee defeated a bill that would have required individuals—including physicians and teachers—who are charged with reporting suspected cases of child abuse to report suspected cases of statutory rape; they would not have been allowed to use professional discretion about whether a particular situation warranted reporting. In addition, the measure would have required a physician performing an abortion on a minor younger than 14 to provide a tissue sample to the state bureau of investigation and crime laboratory. The bill, which would also have criminalized assisting a minor seeking an abortion without parental consent, passed the Senate in February and is now dead.

MISSISSIPPI: In March, a House committee defeated a bill that would have required certain individuals to report statutory rape. Under the measure, vital statistics and board of health employees, along with teachers and principals, would have had to report to the authorities certain instances where a minor younger than 16 had become pregnant, given birth or had sex. The measure, which passed the Senate in February, is dead.

(ENACTED) UTAH: In March, the Senate amended and passed a measure, which was subsequently signed into law by Gov. Jon Huntsman (R), making minor adjustments to the state’s statutory rape laws. The House version of the measure would have criminalized any sexual behavior between certain categories of minors and defined almost any sexual behavior between minors aged 17 or younger as a misdemeanor; these provisions were deleted by the Senate. The new law, which passed the House in February, goes into effect in May.

(ENACTED) VIRGINIA: In March, Gov. Tim Kaine (D) signed into law a measure repealing an antiquated law related to statutory rape. The old law dismissed charges of carnal knowledge of a minor for a child younger than 14 if the adult were married to the minor and the marriage lasted until the minor’s 16th birthday. At that point, charges would be dismissed. The law is no longer in effect.

Minors
Access to Reproductive Healthcare

(ENACTED) SOUTH CAROLINA: In June, Gov. Mark Sanford (D) signed into law a measure that would delete a provision from existing state law requiring that a school superintendent be notified when a student in his or her jurisdiction tests positive for HIV/AIDS. The measure, passed the House in March and the Senate in May, is in effect.

SOUTH CAROLINA: In June, the legislature failed in its attempt to override the veto by Gov. Mark Sanford (D) of a bill that would have amended mandatory reporting requirements for minors with HIV/AIDS and other blood-borne illnesses. The measure would require that school nurses report potential exposures to blood-borne illnesses that occur on school grounds or at school-sponsored events. It would also delete an existing provision in state law requiring that a school superintendent be notified when a student in his or her jurisdiction tests positive for HIV/AIDS. The measure, which passed the Senate in February was reported out of conference committee in June.

Sex Education

HAWAII: In March, the House adopted a measure that would require any program that receives state funds for sex education to provide medically accurate and age-appropriate instruction that includes education on contraception and abstinence. No further action is expected since the legislature has adjourned its regular session.

MINNESOTA: In May, a conference committee removed provisions from an omnibus bill that would have required comprehensive sex education. The provisions would have mandated sex education in grades 7–12 and required that instruction be medically accurate and age-appropriate, provide information on contraceptives and abstinence, encourage family communication and seek to develop decision-making and communication skills. Current law mandates sex education be taught and that it include abstinence, but provides school districts with considerable leeway in determining the content of the instruction.

MINNESOTA: In May, the House adopted a measure that would amend the state’s sex education statutes and require each school district to implement a program aimed at reducing teen pregnancy and STIs. The measure would require all instruction to be medically accurate and age-appropriate and include education on abstinence. No further action is expected, since the legislature has adjourned its regular session.

NEW HAMPSHIRE: In June, Gov. John Lynch (D) signed a measure that requires school boards to establish procedures allowing students to be excused from health or sex education for religious reasons. The bill, which passed the Senate in March and the House in May, goes into effect in August.

NEW YORK: In March, the Assembly adopted a measure that would establish a grant program for comprehensive sex education that would fund agencies such as public schools and community-based organizations. Funded programs would have to be age-appropriate and medically accurate, provide information on contraceptives, educate students about HPV, encourage family communication, provide instruction on physical changes in adolescence, and seek to develop interpersonal, decision-making and communication skills. Programs could not promote religion and must teach that abstinence is the “only sure way” to avoid pregnancy or STIs. No further action is expected since the legislature has adjourned its regular session.

VIRGINIA: In February, the Senate defeated a measure that would have required discussion of FDA-approved contraceptive methods in any sex education provided in public elementary, middle and high schools in the state.